Issues

Stage Details

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that imposes a means test for individuals wishing to file for bankruptcy. The means test determines whether the individual would be allowed to file under Chapter 7, essentially exonerating their debts after they have liquidated their assets, or if they would be forced to file under Chapter 13, requiring them to pay back creditors on a court approved time table.

Highlights:

Requires debtors to pay their creditors at least $15,000 or 25 percent of their total debt in the five-year period after filing for bankruptcy.

Places domestic support obligations such as child support and alimony amongst the first priority claim category of non-dischargeable debts on a debtor filing for bankruptcy.

Requires debtors to pay for and attend credit counseling prior to filing for bankruptcy.

Legislation -
Bill Passed
(House)
(313-108) -
May 5, 1999(Key vote)

Title: Bankruptcy Reform bill

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that imposes a means test for individuals wishing to file for bankruptcy. The means test determines whether the individual would be allowed to file under Chapter 7, essentially exonerating their debts after they have liquidated their assets, or if they would be forced to file under Chapter 13, requiring them to pay back creditors on a court approved time table.

Highlights:

Stipulates that debtors whose income is greater than the median regional income must file under Chapter 13 and pay their creditors at least $6,000 or 25% of their total debt in the five-year period after filing.

Prohibits a debt relief agency from failing to provide services, misleading debtors, providing false representation of their services, or encouraging debtors to add more debt if a bankruptcy proceeding may take place.

Places domestic support obligations such as child support and alimony amongst the first priority claim category of non-dischargeable debts on a debtor filing for bankruptcy.

Implements $250,000 cap on the amount of home equity a debtor can shield from creditors.

Requires debtors to pay for and attend credit counseling prior to filing for bankruptcy.